Bateman v. Perdue: Implications for Gun Restrictions During a State of Emergency
On March 29, 2012, Senior U.S. District Judge Malcolm Howard ruled on the constitutional challenges brought against restrictions on dangerous weapons that can be imposed during a declared state of emergency under North Carolina law. The statutes at issue in the case, Bateman v. Perdue make it a Class 1 misdemeanor for a person to “transport or possess off his own premises any dangerous weapon or substance in any area in which a declared state of emergency exists or within the immediate vicinity of which a riot is occurring;” and authorize the governor and city and county officials to impose restrictions on the “possession, transportation, sale, purchase, storage, and use of dangerous weapons and substances, and gasoline” during a declared state of emergency.
